Gibbons v. Ogden (1824)
Name:
Take Your Boat and Go Home
In 1803, the State of New York passed a law giving two
men, Livingston and Fulton, the right to be the only ones
allowed to operate steamboats in New York waters. Later,
these men transferred their right to a man named Ogden.
This meant that under New York law, nobody could operate
a steamboat in New York without a license from Ogden.
Livingston and Fulton’s first successful steamboat,
Gibbons was a New Jersey citizen who also had a
the Clermont
steamboat. Gibbons had licensed his boat under a law
passed by the United States Congress. Gibbons ran his
steamboat between New Jersey and New York. In 1818, Ogden filed suit against Gibbons to stop him
from operating his steamboat in New York. The New York court ordered Gibbons to stop.
The Arguments
Gibbons took his case to the Supreme Court. He argued that
New York’s law violated the Commerce Clause in the U.S.
Constitution, which says “Congress shall have power to regulate
commerce with foreign nations, and among the several States,
and with Indian tribes.” Commerce means business activity.
Gibbons said his business activity took place “among the several
States” because it happened in both New Jersey and New York.
Ogden argued the words “among the several States” did not give Congress the power pass laws that
affect business activity inside a state’s borders. He also argued that, in the same way both states and the
federal government can tax citizens, they should both be able to license boats.
The Decision
The Supreme Court agreed with Gibbons. The Court said it would be
impossible for Congress to regulate business activity “among” the states
without regulating activity that took place inside a state’s borders. Further,
licensing boats is not like taxes. Two parts of government cannot issue
licenses for the same thing without interfering with each other. The Court
pointed to the Supremacy Clause in the Constitution, which says the laws
of the federal government are superior to state laws.
The Court said the Constitution gives Congress the sole power to regulate
business activity that affects more than one state. A state may only regulate
business activity that takes place entirely inside its own borders, where no
part of that activity affects any other state.
Chief Justice John Marshall
wrote the Court’s opinion
So What?
In the years since the decision in Gibbons, the U.S. Congress has used
its Commerce Clause power to pass many laws, for example:
 Set a national minimum wage and maximum worker hours, by saying
Children working at a textile mill
goods produced in violation of this law could not cross state lines
 Limit the age of child laborers to kids 16 and over
 Prohibit racial discrimination in motels that served mostly travelers
and in restaurants where the food served had crossed state lines
Reading
Gibbons v. Ogden (1824)
Across
A. Crossword. Complete
the crossword puzzle
using what you learned in
the reading.
1
2
6. The name of Livingston and Fulton’s first
successful steamboat.
7. The Supreme Court sided with this man.
3
10. The Court said a boat license is not like this.
4
5
Name:
12. Laws of the federal government are ___ to
state laws.
6
Down
1. New York’s law violated this.
7
8
2. “Commerce” means ____ activity.
9
10
3. Both state and federal government cannot
issue one of these at the same time.
11
12
4. This state gave Livingston and Fulton the
exclusive right to operate steamboats.
5. Has the sole power to regulate business
activity that affects more than one state.
8. A state may only regulate business that
takes place entirely inside its own ___.
9. The New York court sided with this man.
11. Gibbons was from New ____.
B. Who Argued That? In this case, Gibbons had the winning arguments. Read each argument in
the box. If Gibbons would have made that argument, write the argument’s letter in his grid. If the
argument would have favored Ogden, write the letter in Ogden’s grid.
Activity
Gibbons v. Ogden (1824)
** TEACHER’S GUIDE **
Across
A. Crossword. Complete
the crossword puzzle
using what you learned in
the reading.
6. The name of Livingston and Fulton’s first
successful steamboat.
1C
2B
O
U
3
L
M
S
4
N
I
M
I
5C
E
6C
O
W
E
R
E
Down
N
Y
N
C
S
1. New York’s law violated this.
S
E
S
2. “Commerce” means ____ activity.
E
C
7G
I
8
B
B
O
N
L
E
R
O
R
E
R
K
S
D
S
E
U
R
12
S
E
R
M
T
A
S
N
10. The Court said a boat license is not like this.
12. Laws of the federal government are ___ to
state laws.
T
3. Both state and federal government cannot
issue one of these at the same time.
9O
L
10
O
7. The Supreme Court sided with this man.
X
U
P
G
11
D
E
E
N
J
R
I
O
R
S
E
Y
4. This state gave Livingston and Fulton the
exclusive right to operate steamboats.
5. Has the sole power to regulate business
activity that affects more than one state.
8. A state may only regulate business that
takes place entirely inside its own ___.
9. The New York court sided with this man.
11. Gibbons was from New ____.
B. Who Argued That? In this case, Gibbons had the winning arguments. Read each argument in
the box. If Gibbons would have made that argument, write the argument’s letter in his grid. If the
argument would have favored Ogden, write the letter in Ogden’s grid.
A
C
B
D
F
H
E
G
Activity